Legal Question in Criminal Law in Florida

what happens if i was stopped by a police with a joint in my possesion and i eat it to avoid issues and end up recieving a written arrest? does this now become a felony? what happens on my court date


Asked on 4/30/10, 9:33 am

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

It can become a felony and you could be charged with destruction of evidence. Of course, they would have to prove it is what it is. However, you said have a court date so I would need more information to find out what is going on with your case. Feel free to contact me.

Craig Epifanio

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Answered on 5/06/10, 11:14 am
christian denmon Denmon & Denmon Trial Lawyers

Well, you could have been charged with a 3rd degree felony tampering with evidence:

914.22 Tampering with a witness, victim, or informant.--

(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:

(a(b) Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;

A conviction for tampering with evidence can carry up to five years in the department of corrections.

However, the fact that you recieved a "written arrest", makes me think an officer issued you a notice to appear. If that was the case, then he charged you with a misdemeanor charge. Did he charge you just with the possession? Id you admit after your "meal" that it was indeed marijuana?

If it is a misdemeanor possession charge, then your court date is an "arraignment". You can plead guilty or not guilty at the arraignment. If you retain a Criminal Attorney , he will take care of the court date so you don't have to go, and he will advise you of an appropriate course of action. Please note that a conviction for a possession of marijuana carries with it a two year driver's license revokation.

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Answered on 5/09/10, 2:35 pm


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